IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH COUNSEL

Transcription

1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 IN RE RENTRAK CORPORATION SHAREHOLDERS LITIGATION, CONSOLIDATED LEAD CASE NO. CV Assigned to Judge Litzenberger UTCR.00 MOTION AND STATEMENT FOR ATTORNEY FEES, EXPENSES, COSTS, AND DISBURSEMENTS FOR PLAINTIFFS 0 1 Pursuant to UTCR.00, the undersigned attorney offers the following facts in support of an award of reasonable and necessary attorney fees, costs, and disbursements: 1. Assuming that the Court grants final approval to the Settlement, 1 Plaintiffs Counsel are entitled to recover attorney fees, costs, and disbursements pursuant to the following facts, statute or rule: ORCP M(1)(c) ( If the prevailing class recovers a judgment that can be divided for the purpose, the court may order reasonable attorney fees and litigation expenses of the class to be paid from the recovery ); see also Strawn v. Farmers Ins. Co. of Oregon, Or, (0) ( In the context of class-action litigation specifically, the common-fund doctrine permits attorney fee awards from a monetary judgment that benefits the class. ).. The specific factors supporting an award of legal fees of $,0,000 pursuant to ORS 0.0 or other statute or rule are set forth in the memorandum of law filed herewith. 1 Capitalized terms have the same meaning as those used in the accompanying Motion for Final Approval of Settlement which is being filed concurrently herewith. Page 1 UTCR.00 MOTION AND STATEMENT FOR ATTORNEY FEES, 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

2 Plaintiffs seek a fee award of $,0,000, which reflects % of the total common fund. The Joint Declaration of Jason Leviton and Peter Andrews In Support of Motion for Attorney Fees, Expenses, Costs, And Disbursements For Plaintiffs Counsel ( Class Counsel Fee Dec. ); Declaration of Timothy S. DeJong In Support of Motion for Attorney Fees, Expenses, Costs, And Disbursements For Plaintiffs Counsel ( Stoll Berne Fee Dec. ); Declaration of Carl Stine In Support of Motion for Attorney Fees, Expenses, Costs, And Disbursements For Plaintiffs Counsel ( Wolf Popper Fee Dec. ); Declaration of Robert Banks In Support of Motion for Attorney Fees, Expenses, Costs, And Disbursements For Plaintiffs Counsel ( Samuels Yoelin Kantor Fee Dec. ); and Declaration of Donald Enright In Support of Motion for Attorney Fees, Expenses, Costs, And Disbursements For Plaintiffs Counsel ( Levi & Korsinsky Fee Dec. ) filed herewith, provide information about Plaintiffs Counsel s lodestar to date, including the number of hours and services provided in this matter by each attorney, clerk, and legal assistant and the hourly rates for each.. Litigation expenses, including costs and disbursements, are set forth in detail in Exhibit 1. The total sum of these expenses, costs and disbursements is $,... In summary, Plaintiffs Counsel are entitled to an award of reasonable and necessary attorney fees in the sum of $,0,000, plus litigation expenses, costs, and expenses in the sum of $,. for a total of $,,., to be allocated by Class Counsel who will allocate the attorney fees based on agreements among counsel and those firms work in the litigation. I hereby declare that the above statement, including the information contained in the exhibits to this statement, is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. Page UTCR.00 MOTION AND STATEMENT FOR ATTORNEY FEES, 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

3 1 0 1 Dated this th day of August 0. By: s/ Timothy S. DeJong Timothy S. DeJong, OSB No. 0 tdejong@stollberne.com Nadia H. Dahab, OSB No. ndahab@stollberne.com 0 S.W. Oak Street, Suite 00 Portland, OR 0 Telephone: (0) -00 Liaison Counsel for the Putative Class and Proposed Liaison Counsel for the Class -AND- OF : BLOCK & LEVITON LLP Jason M. Leviton (pro hac vice) Joel A. Fleming (pro hac vice) Jacob A. Walker (pro hac vice) Bradley Vettraino (to be admitted pro hac vice) Jeffrey R. Gray (to be admitted pro hac vice) Federal Street, Suite 00 Boston, MA 01 Telephone: () -00 Facsimile: () jason@blockesq.com jake@blockesq.com joel@blockesq.com bvettraino@blockesq.com jgray@blockesq.com Lead Counsel for the Putative Class and Proposed Class Counsel -AND- Page UTCR.00 MOTION AND STATEMENT FOR ATTORNEY FEES, 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

4 ANDREWS & SPRINGER LLC Peter B. Andrews (pro hac vice) Craig J. Springer (pro hac vice) David M. Sborz (to be admitted pro hac vice) 01 Kennett Pike Building C, Suite 0 Wilmington, DE 0 Telephone: (0) - pandrews@andrewsspringer.com cspringer@andrewsspringer.com dsborz@ andrewsspringer.com Liaison Counsel for Putative Class and Proposed Class Counsel Trial Attorney: Timothy S. DeJong, OSB No Page UTCR.00 MOTION AND STATEMENT FOR ATTORNEY FEES, 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

5 EXHIBIT IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH IN RE RENTRAK CORPORATION SHAREHOLDERS LITIGATION, SUMMARY OF EXPENSES Block & Leviton LLP CONSOLIDATED LEAD CASE NO. CV Assigned to Judge Litzenberger Travel/Lodging $0,00. Experts $0,. Mediator $,0.00 Document review platform/repository $1,. Deposition fees (transcripts/videos) $,1. Online Research (Lexis / Westlaw / PACER) $,. Printing / Copying $,. Court Fees / Transcripts (Non-Deposition) $,.0 Process Servers $,00.00 Postage (USPS, FedEx, UPS) $. Miscellaneous Expenses (Hearing Materials / Hard Drive for Document Production) $.0 EXHIBIT 1- Summary of Expenses 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

6 1 0 1 Telephone / Conference Calls $. Delivery/Courier Service $.00 Sub- $,. Andrews & Springer LLC Court Fees/Pro Hac Vice Fees and Costs $,.00 UPS/Overnight Delivery Charges $. Delaware Filing Fees for Subpoenas $0.0 Copying and Court Runner Fees $,01.1 Expert Fees $0,. Travel Expenses/Airline, Hotel, Meals, Ground Transportation $,0.0 Mediator $,0.00 Document review platform/repository $1,. Deposition fees (transcripts/videos) $,1. Sub- $,. Stoll Stoll Berne Lokting & Shlachter P.C. Court Filing Fees $1,00.00 Process Service Fees $.0 Hearing Recordings $.00 Courier Fees $.00 Federal Express Shipping $. Pro Hac Vice Related Fees $0.00 Westlaw Fees $.00 Sub- $1,. EXHIBIT - Summary of Expenses 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0

7 1 Wolf Popper LLP Transcript of October, 0 hearing $. Sub- $. Samuel Yoelin Kantor LLP Postage $. $0. $1,.0 Conference Call Hosting $. Court Filing Fees $.00 Messenger Services $1.00 Transcript Fees $.00 Witness Fees $0.00 Sub- $1,. TOTAL: $,. 0 1 EXHIBIT - Summary of Expenses 0 S.W. OAK STREET, SUITE 00 PORTLAND, OREGON 0 TEL. (0) -00 FAX (0) -0